TERMS OF SERVICE
Welcome to Zalonix Tech Inc. This document governs your relationship with Zalonix Tech Inc (“Website”). Access to and use of this Website and the services available through this Website (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms of Service”). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
USE OF THE SITE
You confirm that you are at least 18 years of age or over the age of majority in the jurisdiction in which you reside and be lawfully able to accept the Terms and Conditions.
Both parties agree that this website may only be used in accordance with These Terms and Conditions. If you do not agree with the Terms and Conditions of Use or do not wish to be bound by them, you agree to refrain from using this website. We grant you a non-transferable, revocable and non-exclusive license to use this Site, in accordance with the Terms and Conditions of Use, for such things as: shopping for products sold on the site, gathering prior information regarding our products and services and making purchases. Commercial use or use on behalf of any third party is prohibited, except as explicitly permitted by us in advance. These Terms and Conditions specifically prohibit actions such as: accessing our servers or internal computer systems, interfering in any way with the functionality of this website, gathering or altering any underlying software code, infringing any intellectual property rights. This list is non-exhaustive and similar actions are also strictly prohibited. Any breach of These Terms and Conditions shall result in the immediate revocation of the license granted in this paragraph without prior notice to you. Should we determine at our sole discretion that you are in breach of any of these conditions, we reserve the right to deny you access to this website and its contents and do so without prejudice to any available remedies at law or otherwise.
Certain services and related features that may be made available on the Site may require registration. Should you choose to register for any such services or related features, you agree to provide accurate and current information about yourself, and to promptly update such information if there are any changes. Every user of the Site is solely responsible for keeping passwords and other account identifiers safe and secure. The account owner is entirely responsible for all activities that occur under such password or account. Furthermore, you must notify us of any unauthorized use of your password or account. The Site shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.
During the registration process you agree to receive promotional emails from the Site. You can subsequently opt out of receiving such promotional e-mails by clicking on the link at the bottom of any promotional email.
You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and Zalonix Tech Inc will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
SCOPE OF AGREEMENT
CHANGES TO THE SERVICES
You must register to access and use the Services. If you are registering on behalf of a company, by registering you agree that you have the requisite authority to register on behalf of such company. The email address you provide during your registration will be the login for your Zalonix Tech Inc account. Each account must have a unique email address and you agree that you shall not attempt to create more than one account under the same email address.
By registering, you agree that you will use the Services only for the purposes advertised on the Zalonix Tech Inc website or in other marketing material published by Zalonix Tech Inc, that you are a valid business desiring to use the Services to advertise your business and generate online appointments from consumers using the Services, and that any contact information you provide, such as email addresses and phone numbers, is valid and active contact information for you.
FEES; PAYMENT TERMS
By providing a credit card or any other payment information either during registration or at any time thereafter, you warrant that such credit card or payment gateway is good and valid, and you authorize Zalonix Tech Inc to charge such credit card or payment gateway for amounts due under the Zalonix Tech Inc Invoices.
If, for whatever reason, Zalonix Tech Inc charges your credit card or payment gateway pursuant to the section above above, and the payment does not go through, Zalonix Tech Inc reserves the right to suspend your access to the Services. If you fail to pay the applicable invoice within 10 days of the date of suspension, or to otherwise negotiate a payment plan for all amounts then due, Zalonix Tech Inc reserves the right to cancel your account. In the event Zalonix Tech Inc cancels your account for non-payment, all amounts due and unpaid from you to Zalonix Tech Inc for use of the Services shall become immediately due and payable. In the event of non-payment and the exhaustion of the procedures set forth in this section, Zalonix Tech Inc reserves the right to seek payment using any remedies allowed to it by law.
Zalonix Tech Inc reserves the right to contact you from time to time for feedback about the Services and for service and support related issues. We reserve the right to contact you through e-mail, facsimiles, text or voice messages, or notices posted on the Zalonix Tech Inc websites. Notices will be deemed effective at the time they are sent by Zalonix Tech Inc or as of date they are posted, regardless of whether you actually read any such notices.
You may opt-out of receiving notifications regarding appointments through the Services by logging into your account and changing the notification settings; opting-out of such notifications, however, will limit the effectiveness of the Services. You may not opt-out of receiving notifications relating to support of the Services or other notices as required by law.
We retain all rights in and to, including without limitation, the copyrights, patents, and trade secrets, trademarks or service marks contained in or relating to the Services (collectively the "Zalonix Tech Inc Intellectual Property") that are the exclusive property of Zalonix Tech Inc and/or its licensors. We do not transfer any rights in or to the Zalonix Tech Inc Intellectual Property to you.
Content of the Services that incorporates or includes any of the Zalonix Tech Inc Intellectual Property may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Zalonix Tech Inc or the rightful owner, as applicable.
A Party will not disclose or use any Confidential Information of the other Party except: (a) as reasonably necessary to perform its obligations or exercise any rights granted pursuant to this Agreement; (b) with the other Party's prior written permission; or (c) to the extent required by law or order of a court or other governmental authority or regulation. Each Party agrees to protect the other Party’s Confidential Information in the same manner that it protects its own Confidential Information of like kind, but in no event using less than a commercially reasonable standard of care. Confidential Information will not include any information that: (a) is or becomes generally known to the public without breach of any obligation owed to the disclosing Party; (b) was known to a Party prior to its disclosure by the other Party without breach of any obligation owed to the other Party; (c) was independently developed by a Party without breach of any obligation owed to the other Party; or (d) was or is received from a third party without breach of any obligation owed to the other Party. For clarity, nothing in this Section will restrict Zalonix Tech Inc with respect to Zalonix Tech Inc Data or Aggregated Data.
It is your responsibility to use the Services properly and effectively. By using the Services, you warrant that you will use the Services only for the purposes advertised on the Zalonix Tech Inc website, that you are a valid business desiring to use the Services to advertise your business and generate online appointments from customers using the Services, and that any contact information you provide, such as email addresses and phone numbers, is valid and active contact information for you. Any breach of this section will result in termination of your account. We reserve the right to pursue any remedies available to us at law or in equity for any breach of this Section.
You are responsible for ensuring that you can fulfill all appointments made through the Services and for communicating changes directly to your customers. You are responsible for all activity occurring during your use of the Services, including that of your customers. All such activity must comply with all terms laid out herein and any applicable Order Form and any applicable local, state, national and international laws, regulations and treaties (collectively "Laws") governing your use of the Services, including all applicable Laws relating to export restrictions, data privacy, international communications and transmission of technical or personal data. You are responsible for managing availability for the online scheduling of appointments including settings for staff and services, bookable days and times for staff and services, and lead times as may be appropriate to prevent double-bookings and other events which would adversely affect your customers and their experience with the Services. You are responsible for reviewing your online appointments often and regularly. If you cannot honor any appointment made through the Services, you agree to promptly communicate such change to the relevant customers.
The Client shall: (i) use reasonable efforts to prevent unauthorized access or use of the Services, including the use of associated User Accounts, by employees, Users, and any third parties; (ii) use the Services and Content only in accordance with these terms and all attached or incorporated Order Forms; (iii) notify Zalonix Tech Inc within twenty-four (24) hours of any unauthorized use or any other known or suspected breach of security pertaining to the Service or the Content; and (iv) use reasonable efforts to immediately stop any copying or distribution of Content that is known or suspected by the Client, its employees, third parties or its Users.
The Client shall not (i) sell, resell, transfer, sublicense, or assign the license granted to it by Zalonix Tech Inc under these terms (except pursuant to a permitted assignment wherein Zalonix Tech Inc expressly agrees in writing to the Client’s assignment of this Agreement); (ii) distribute or otherwise commercially exploit or make available to any third party the Services or Content, in whole or in part, in any way; (iii) modify or make derivative works based upon the Services or the Content; or (iv) reverse engineer or access the Services in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions, or graphics of the Service, or (c) copy any ideas, features, functions, or graphics of the Service.
Zalonix Tech Inc reserves the right to terminate the Client’s free account at any time and for any reason, in its sole discretion. The Client may not sign up for multiple free account in a manner that is deemed by Zalonix Tech Inc, in its sole discretion, to be abusive or contrary to the intention of any such offer.
Zalonix Tech Inc services should NOT be used for:
• Sending spam
• Unsolicited email or SMS
• Importing client list that users do NOT own and/or have NOT been gathered legally.
The Zalonix Tech Inc booking websites should NOT be used:
• to create back links to other pages;
• as advertisement for stuff unrelated to services provided by the you;
• to solicit services to users without the intention of providing the service.
You should treat all client data with respect and appropriate privacy.
USE OF THE SERVICES
You may not use the Services in any manner that is illegal or harmful to the Services. Among other restrictions, you agree that you shall not, nor shall you allow any third party to:
• Use the Services through unauthorized interfaces or protocols;
• Transmit information that infringes the rights of others or is abusive, pornographic, violent, racist, discriminatory, offensive, vulgar, obscene, defamatory, invasive of personal privacy, harassing, threatening, or otherwise objectionable;
• Translate, reverse-engineer, decompile, disassemble, modify, or make derivative works from the Services or Services software (accept as applicable law expressly permits);
• Remove, obscure or alter any notices or indications of rights in or to the Zalonix Tech Inc Intellectual Property;
• Interfere with, or attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from any Zalonix Tech Inc servers;
• Take any action that imposes an unreasonable or large load on our infrastructure;
• Upload invalid data, viruses, worms, or other harmful software to the Services;
• Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Services, unless expressly permitted by Zalonix Tech Inc;
• Use the Services in a way that disables the Services or prevents or inhibits anyone from using the Services; or
• Impersonate any person or entity in order to use, or through use of, the Services.
Zalonix Tech Inc believes in preventing and deterring unauthorized infringement of copyrighted materials. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement or that there is infringing material available through the Services, please notify Zalonix Tech Inc’s copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 ("DMCA"). For your complaint to be valid under the DMCA, you must provide the following information in writing:
• An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
• Identification of the copyrighted work that you claim has been infringed;
• Identification of the material that is claimed to be infringing and where it is located on the Zalonix Tech Inc website;
• Information reasonably sufficient to permit Zalonix Tech Inc to contact you, such as your address, telephone number, and e-mail address;
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
• A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
Materials, including but not limited to text, software, data, images, graphics, photos, audio, audiovisual, videos, and content of any nature provided by Zalonix Tech Inc ("Content") or by other users of the Services ("User Submissions", "User Data", "Client Data") to the Services website is owned by the party contributing such content. As a user of the Services, you are solely responsible for your own User Submissions. By transmitting your User Submissions, you represent that you have all rights and authorizations necessary to post, submit, display, produce, or otherwise transmit, such content. In connection with your User Submissions, you agree that you will not submit material that is or contains the intellectual property of a third party that you do not have permission to use.
You shall retain all of your ownership rights in your User Submissions; however, by submitting material to Zalonix Tech Inc, you grant Zalonix Tech Inc the irrevocable, fully transferable rights to use, reproduce, distribute, modify, transmit, prepare derivative works of, display and produce the material in connection with the Services and Zalonix Tech Inc’s business, and to grant these rights to others. To the extent you do not have ownership rights to any of your User Submissions, you shall indemnify Zalonix Tech Inc for any claim regarding Zalonix Tech Inc’s use of your User Submissions.
Zalonix Tech Inc does not own User Data submitted. Zalonix Tech Inc is not responsible or liable for the deletion, correction, destruction, damage, loss, or failure to store any User Data. You agree to indemnify and hold Zalonix Tech Inc harmless from any damage, loss, claim, complaint (legal or customer), demand, or cause of action for any issue arising from User Data deletion, damage, use or misuse, except to the extent that Zalonix Tech Inc is solely responsible for deletion or damage not related in any way to Client's breach of the Agreement.
The Services enable you to download the User Data during the term of the Subscription in a structured, commonly used, and machine-readable format, by way of the requesting such copy from Us with a written notice. You acknowledge and agree that Zalonix Tech Inc has no obligation to retain User Data after termination of this Agreement for any reason. Upon termination for cause, Your right to access or use your User Data and the Services immediately and automatically ceases.
When using the Services, you may be exposed to User Submissions from a variety of sources, and Zalonix Tech Inc is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions, which may be inaccurate, infringing, offensive, indecent, or objectionable.
LINKS TO THIRD PARTY SITES
You may encounter hypertext links to websites operated by parties other than Zalonix Tech Inc during your use of the Services and on the Zalonix Tech Inc website. Zalonix Tech Inc does not control such websites and is not responsible for nor can guarantee the content of such websites. Unless otherwise explicitly stated, the inclusion of any hypertext links to such websites in the Services or on the Zalonix Tech Inc website does not imply any endorsement by Zalonix Tech Inc of the material on such website or any association with their operators.
Zalonix Tech Inc agrees to implement and maintain appropriate and commercially reasonable technical, physical, and administrative security controls reasonably designed to protect the confidentiality, integrity and availability of Client Data.
COMPLIANCE WITH LAWS
At all times, you shall comply with:
• All Laws. All local, state or federal laws, statutes, rules, regulations, or orders, including any Laws governing the use, sale, and/or distribution of alcohol, and any Laws governing gift cards, coupons, and/or gift certificates; and,
• Unfair Competition Laws. All laws that prohibit false, deceptive or unfair advertising or disparagement; and
• Intellectual Property Laws. All laws regarding the copyright, trademark, or other intellectual property rights or rights of privacy or publicity of any third party; and,
• All applicable laws, including the Credit Card Act and any state or local laws governing the imposition of expiration dates, service charges, dormancy fees or other terms and conditions of the service.
Upon termination of your use of the Services for any reason, all of your rights to access and use any and all parts of the Services shall immediately terminate. In the event of such termination, you agree to remove any and all Content from all of your hard drives and any other storage media and to destroy all copies of the Content in your possession.
Subject to the terms and conditions laid out herein, Zalonix Tech Inc agrees (i) to provide the Service to the Client and grants to the Client a limited, non-exclusive, non-transferable, non-sublicensable, revocable, worldwide license to use the Services, according to the terms and conditions of all included Subscriptions, solely for the Client’s own business purposes; and (ii) We may provide to the Client commercially reasonable technical support via telephone and email As defined in the Client’s Subscription Plan.
A lack of enforcement will not result in waiver of any term. Also, no waiver by either party of any breach or default shall be deemed to be a waiver of any preceding or subsequent default.
The services are provided "as is," and you agree that your use of the services shall be at your sole risk. Zalonix Tech Inc does not guarantee that users will be able to access the services at all times or places, that Zalonix Tech Inc will have adequate capacity for all users, or that the services will be operable with your equipment. To the fullest extent permitted by law, Zalonix Tech Inc, its officers, directors, employees, and agents disclaim all warranties, express or implied, including implied warranties of merchantability, suitability, quality, accuracy, fitness for particular purposes and non-infringement. Zalonix Tech Inc makes no warranties or representations about the content of any web sites linked to the services. Zalonix Tech Inc does not warrant, endorse, guarantee, or assume responsibility for any product or services provided, advertised or offered by a third party through the services or any linked web site or featured in any advertising, and Zalonix Tech Inc will not be a party to or in any way be responsible for monitoring any transaction between you and any third party.
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Zalonix Tech Inc. Any waiver of any provision of the Terms of Service will be effective only if in writing and of Zalonix Tech Inc.
APPLICABLE LAW AND JURISDICTION
These Terms and Conditions of Sale shall be interpreted and governed by the laws in force in Thailand. Subject to the Arbitration section below, each party hereby agrees to submit to the jurisdiction of the courts of Thailand and to waive any objections based upon venue.
Any controversy, claim or dispute arising out of or relating to these Terms and Conditions will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in Thailand and governed by Thai law. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Thailand and is independent of either party. Notwithstanding the foregoing, the Site reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Assigning or sub-contracting any of your rights or obligations under these Terms and Conditions to any third party is prohibited unless agreed upon in writing by the Zalonix Tech Inc.
We reserve the right to transfer, assign or sub-contract the benefit of the whole or part of any rights or obligations under these Terms and Conditions to any third party.
If any provision of the Zalonix Tech Inc Terms is deemed by a court of competent jurisdiction to be invalid, unlawful, void, or for any reason unenforceable, then such provision shall be deemed severable and will not affect the validity and enforceability of the remaining provisions. No Waiver of any breach or default of any of the Zalonix Tech Inc Terms shall be deemed to be a waiver of any preceding or subsequent breach or default.
ASSIGNMENT AND SUBCONTRACTING
Zalonix Tech Inc shall not delegate or subcontract any duties, nor assign any rights or claims under this terms and conditions without the prior written consent of both parties.
BREACHES OF THE TERMS AND CONDITIONS
Without prejudice to Zalonix Tech Inc other rights under the Terms and Conditions, if you breach the Terms and Conditions in any way, Zalonix Tech Inc may take such action as Zalonix Tech Inc deems appropriate to deal with the breach, including suspending your access to the Website, prohibiting you from accessing the Website, blocking computers using your IP address from accessing the Website, contacting your Internet service provider to request that they block your access to the Website and/or bringing court proceedings against you.
In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Terms and Conditions of Use or revoke any or all of your rights granted under the Terms and Conditions of Use.
Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part.
Any termination of this agreement shall not affect the respective rights and obligations of the parties arising before the date of termination. You furthermore agree that the Site shall not be liable to you or to any other person as a result of any such suspension or termination.
If you are dissatisfied with the Site or with any terms, conditions, rules, policies or guidelines, your sole and exclusive remedy is to discontinue using the Site.
ENQUIRIES AND FURTHER DETAILS
If you would like further clarification on these terms and conditions please send us an email firstname.lastname@example.org